Simply Fluent is owned and operated by Simply Fluent OÜ.

These are the terms and conditions for:

Simply Fluent App (Android and iOS version - Available on Google Play and App Store)
https://www.simplyfluent.com

By using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" and "application" refer to the Simply Fluent application, "we", "us", "our" and "Simply Fluent" refer to Simply Fluent OÜ, and "user", "you" and "your" refer to you, the Simply Fluent user.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Simply Fluent accessible via desktop, mobile, tablet, social media, or other devices.

1. Acceptance of Terms

By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and must discontinue use of the service immediately.

We may modify this agreement from time to time, and such modifications shall be effective upon posting on the platform. You agree to be bound by any changes to these terms and conditions when you use Simply Fluent after any modifications are posted. Therefore, it is important that you review this agreement regularly.

You represent and warrant that your use of the platform does not violate any applicable law or regulation. Simply Fluent may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the service and the platform is revoked in such jurisdictions.

The platform may only be used in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

2. Account

Users can register and sign in to the platform through their Google and Apple accounts, or through email. Simply Fluent will send a link to the email address provided by the user. Upon logging in through the link sent to the user's email, the application will automatically open and the user account will be created.

You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to immediately notify Simply Fluent of any unauthorized use of your account or any other breach of security. You may never use another user's account without Simply Fluent's prior authorization. Simply Fluent will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Simply Fluent with your email address, you consent to our use of your email address to send you notices about the platform. We may also use your email address to send you notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news, or special content.

Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. Termination will only result in the deletion of the account and all personal data granted to Simply Fluent, except for personal data related to or necessary for processing payments or fulfilling any legal obligations. This retention is in accordance with GDPR and other applicable data protection laws.

Simply Fluent reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Simply Fluent believes that you have breached any of these terms, furnished Simply Fluent with false or misleading information, or interfered with the use of the platform or the service by others.

3. Subscriptions

Most of the platform's functionalities are available through paid subscriptions. Users will be able to access a trial plan before upgrading to a paid plan. Users may cancel the trial period at any time before upgrading to a paid subscription plan.

When a user places an order for a subscription, the user agrees to purchase the subscription for the price advertised on the platform at the time of purchase. Please check the price and features of each subscription before placing an order.

Simply Fluent OÜ may cancel any subscription sale and may change or discontinue subscription availability at any time at its sole discretion. If a purchase for a subscription is revoked, any payment made will be refunded in full. This does not affect your statutory rights.

Automatic Renewals

Subscriptions include automatic recurring payments. You authorize Simply Fluent OÜ to renew your subscription and to charge you on a periodic and progressive basis. The subscription billing date is the date on which you purchase the subscription and make your first payment. On the relevant billing date, you will automatically be charged for the relevant subscription fee.

The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription fee using the payment method you chose during registration and subscription purchase.

Subscriptions will automatically renew for an additional period unless canceled prior to the next billing period. To cancel subscriptions, users must submit a cancellation request through the platform where the subscription was initiated, and the subscription will be canceled for the next billing period.

If a subscription is canceled, the user will be able to continue to use the paid features of the platform corresponding to the subscription until the next billing period, after which the subscription and access to the paid features of the platform will be canceled.

Payment Processing

In connection with the processing of payments for subscriptions, we share your name, email, and phone number with RevenueCat, our payment processor. This information is shared for the sole purpose of processing your subscription payments and is handled in accordance with our privacy policy.

4. Payments

Payment for subscriptions shall be made through in-app purchases (Google Play and App Store). Subscriptions will be activated immediately after completing the payment process, except for the trial period which will be activated once the user registers on the platform.

Payment for subscriptions will be charged to the payment method associated with your Google Play or App Store account. Receipt of transactions is handled by these platforms according to their terms and conditions.

If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for several reasons, such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be loaded and processed.

Your payment details will be treated and safeguarded securely and for the sole purpose of processing the purchase of the subscriptions. Simply Fluent reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the subscriptions.

5. User Content and Storage

Imported Books and Documents

Subscribing users who import books or other documents acknowledge that these files will be stored on third-party servers (Wasabi) to enable synchronization across their devices. This data will be managed in accordance with our privacy policy.

Upon account deletion, all imported files will be marked for deletion from our systems and the third-party servers. However, please note that Wasabi (our storage provider) may retain deleted files for a limited period in accordance with their data retention policies.
Upon subscription deactivation (while the account remains active), imported files will be retained for a period of 6 months. This retention allows users the opportunity to reactivate their subscription and regain access to their files. After this 6-month period, the imported files may be subject to deletion.

User-Generated Content

User-generated content, including translations, saved words, and other submissions, remains the intellectual property of their respective owners. Users are responsible for ensuring they have the necessary rights and permissions to upload, use, or share any content on the platform.

6. Disclaimer

By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of using the platform. You agree that Simply Fluent does not guarantee the results of actions advised or not advised by Simply Fluent or by the content included on the platform.

Simply Fluent provides resources and content for informational and educational purposes only. You acknowledge and agree that your ultimate success or failure in using the platform and the content available on the platform will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond Simply Fluent's control.

We do not guarantee that the information available on the platform is accurate, complete, or up-to-date, nor do we guarantee that translations are accurate and correct. The content and functionalities of this platform are provided for educational purposes only. Any use of the functionalities available on the platform is at your own risk and responsibility.

7. Third-Party Materials and Services

"Third-Party Materials" means any content, images, videos, texts, or other material that is owned by a third party, such as stock images, videos, and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

Simply Fluent uses various third-party services to enhance platform functionality, including but not limited to:

Firebase Authentication: Used for account creation, login functionality, and secure access to our platform.
Sentry: Used for crash and error reporting to improve our platform's stability and performance.
CloudConvert: Used to convert files uploaded by users to formats better suited for our platform. When you upload a file, it may be processed by CloudConvert, temporarily storing your file on their servers for conversion.
Wasabi: Used for cloud storage of user-uploaded books and documents to enable synchronization across devices.
RevenueCat: Used to manage and process subscription payments through in-app purchases.
SendGrid and MailChimp: Used for processing and sending emails, including account notifications and newsletters.
Gleap: Used for customer support and collecting feedback to improve our platform.
Other Services: As detailed in our Privacy Policy, we may use various other third-party services for analytics, AI processing, and other functionalities.

By using the platform, you acknowledge and agree that your data may be processed by these third-party services as necessary to provide the platform's functionality. These services operate under their own terms and conditions and privacy policies, which we encourage you to review.

8. License to Use the Platform

Simply Fluent grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the platform provided to you by Simply Fluent as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Simply Fluent, in the manner permitted by these terms.

You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the platform and the services negligently, for fraudulent purposes, or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Simply Fluent platform or third parties.

Simply Fluent reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Simply Fluent believes that you have violated any of these terms or interfered with the use of the platform or service by others.

9. Copyright

All materials on Simply Fluent, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software, and other elements are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by Simply Fluent or by third parties that have licensed or otherwise provided their material to the platform.

You acknowledge and agree that all materials on Simply Fluent are made available for limited, non-commercial, personal use only. Except as specifically provided herein, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Simply Fluent's prior express written permission.

You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Simply Fluent or any part of the material for any purpose other than its intended purposes is strictly prohibited.

10. Copyright Infringement

Simply Fluent will respond to all inquiries, complaints, and claims relating to alleged infringement or violation of provisions contained in international copyright and intellectual property laws and regulations. Simply Fluent respects the intellectual property of others and expects users to do the same.

If you believe, in good faith, that any material provided on the Simply Fluent platform infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that Simply Fluent can find it on the platform.
Your name, address, telephone number, and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

11. Personal Data

Any personal information you post or submit in connection with the use of the platform will be used in accordance with our privacy policy.

12. Prohibited Activities

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, is proprietary to Simply Fluent or licensed to Simply Fluent by third parties.

For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, or services obtained from or through the platform.

In addition, the following activities are prohibited:

Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper, or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the services for any purpose without our express written permission.
"Frame", "mirror", or otherwise incorporate any part of the services into any other platforms or service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Simply Fluent in connection with the services.
Circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
Download any content unless it's expressly made available for download by Simply Fluent.

13. Disclaimer of Warranties

Due to the nature of the Internet, Simply Fluent provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error-free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Except as provided above, we can give no other warranties, conditions, or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms, you will be liable to and will reimburse Simply Fluent for any loss or damage caused as a result.

Simply Fluent will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war, or other circumstances beyond our reasonable control.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Simply Fluent excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, or consequential loss whether or not such arises out of any problem you notify to Simply Fluent and Simply Fluent shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

Any incorrect or inaccurate information on the platform.
The infringement by any person of any intellectual property rights of any third party caused by their use of the platform or any product or service purchased through the platform.
Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data, or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data, or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Simply Fluent.
All representations, warranties, conditions, and other terms which but for this notice would have effect.

14. Electronic Communications

No responsibility will be accepted by Simply Fluent for failed, partial, or garbled computer transmissions, for any computer, telephone, cable, network, electronic, or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability, or for traffic congestion or unauthorized human act, including any errors or mistakes.

15. Indemnification

You agree to defend and indemnify Simply Fluent from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the platform.

16. Free and Premium Content

Simply Fluent offers both free and premium content to users. Users of the free version will have access to a limited selection of content and features. The availability of specific content and features in the free version may vary and is subject to change at our discretion.

Users may also have a limit on the number of translations or words they can use for translation. Simply Fluent reserves the right to modify the availability and limitations at any time without prior notice.

17. AI-Generated Content

Some content provided on the platform is generated by artificial intelligence (AI) and may not always be 100% accurate. This content is intended to provide as much assistance as possible, but it is ultimately up to you, the user, to discern the accuracy and applicability of the information.

Simply Fluent OÜ does not guarantee the accuracy or completeness of AI-generated content and shall not be held liable for any errors or omissions in such content.

18. Changes and Termination

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the app and website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms.

Unless otherwise specified herein, all changes to these Terms apply to all users. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

19. Assignment

This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Simply Fluent without restriction.

20. Integration Clause

This agreement together with the privacy policy and any other legal notices published by Simply Fluent, shall constitute the entire agreement between you and Simply Fluent concerning and govern your use of the platform.

21. Disputes

The user agrees that any dispute, claim, or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the platform, shall be resolved by binding arbitration between the user and Simply Fluent, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with the products and services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Simply Fluent may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join, or participate in any class action lawsuit in connection with any claim, dispute, or controversy that may arise in connection with your use of the platform and purchase of products posted and offered through the listings available on the platform.

The courts of Estonia shall have jurisdiction over any dispute, controversy, or claim relating to Simply Fluent and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Estonia.

22. Final Provisions

These terms and conditions are governed by the laws of Estonia and the European Union. Use of Simply Fluent platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Our performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

23. Contact Information

If you have questions or concerns about these terms, the products, or the service, please contact us:

Simply Fluent OÜ

legal AT simplyfluent.com

Termos e Condições